US draft sanctions on russia - senate version (Sept 2014)

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II Calendar No. 573 113TH CONGRESS 2D SESSION S. 2828 To impose sanctions with respect to the Russian Federation, to provide additional assistance to Ukraine, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 16, 2014 Mr. MENENDEZ (for himself, Mr. CORKER, Mr. CARDIN, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations SEPTEMBER 18, 2014 Reported by Mr. MENENDEZ, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To impose sanctions with respect to the Russian Federation, to provide additional assistance to Ukraine, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Ukraine Freedom Support Act of 2014’’. 5 VerDate Sep 11 2014 03:28 Sep 19, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2828.RS S2828 emcdonald on DSK67QTVN1PROD with BILLS

description

Draft law

Transcript of US draft sanctions on russia - senate version (Sept 2014)

Page 1: US draft sanctions on russia - senate version (Sept 2014)

II

Calendar No. 573 113TH CONGRESS

2D SESSION S. 2828 To impose sanctions with respect to the Russian Federation, to provide

additional assistance to Ukraine, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 16, 2014

Mr. MENENDEZ (for himself, Mr. CORKER, Mr. CARDIN, and Mr. MARKEY)

introduced the following bill; which was read twice and referred to the

Committee on Foreign Relations

SEPTEMBER 18, 2014

Reported by Mr. MENENDEZ, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL To impose sanctions with respect to the Russian Federation,

to provide additional assistance to Ukraine, and for other

purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Ukraine Freedom Support Act of 2014’’. 5

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(b) TABLE OF CONTENTS.—The table of contents for 1

this Act is as follows: 2

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Statement of policy regarding Ukraine.

Sec. 4. Sanctions relating to the defense and energy sectors of the Russian

Federation.

Sec. 5. Sanctions on Russian and other foreign financial institutions.

Sec. 6. Codification of executive orders addressing the crisis in Ukraine.

Sec. 7. Major non-NATO ally status for Ukraine, Georgia, and Moldova.

Sec. 8. Increased military assistance for the Government of Ukraine.

Sec. 9. Expanded nonmilitary assistance for Ukraine.

Sec. 10. Expanded broadcasting in countries of the former Soviet Union.

Sec. 11. Support for Russian democracy and civil society organizations.

Sec. 12. Report on non-compliance by the Russian Federation of its obligations

under the INF Treaty.

SEC. 2. DEFINITIONS. 3

In this Act: 4

(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY-5

ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 6

‘‘correspondent account’’, and ‘‘payable-through ac-7

count’’ have the meanings given those terms in sec-8

tion 5318A of title 31, United States Code. 9

(2) APPROPRIATE CONGRESSIONAL COMMIT-10

TEES.—The term ‘‘appropriate congressional com-11

mittees’’ means— 12

(A) the Committee on Foreign Relations 13

and the Committee on Banking, Housing, and 14

Urban Affairs of the Senate; and 15

(B) the Committee on Foreign Affairs and 16

the Committee on Financial Services of the 17

House of Representatives. 18

(3) CONTROL.—The term ‘‘control’’ means— 19

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(A) in the case of a corporation, to hold at 1

least 50 percent (by vote or value) of the capital 2

structure of the corporation; or 3

(B) in the case of any other entity, to hold 4

interests representing at least 50 percent of the 5

capital structure of the entity. 6

(4) DEFENSE ARTICLE; DEFENSE SERVICE; 7

TRAINING.—The terms ‘‘defense article’’, ‘‘defense 8

service’’, and ‘‘training’’ have the meanings given 9

those terms in section 47 of the Arms Export Con-10

trol Act (22 U.S.C. 2794). 11

(5) FINANCIAL INSTITUTION.—The term ‘‘fi-12

nancial institution’’ means a financial institution 13

specified in subparagraph (A), (B), (C), (D), (E), 14

(F), (G), (H), (I), (J), (M), or (Y) of section 15

5312(a)(2) of title 31, United States Code. 16

(6) FOREIGN FINANCIAL INSTITUTION.—The 17

term ‘‘foreign financial institution’’ has the meaning 18

given that term in section 561.308 of title 31, Code 19

of Federal Regulations (or any corresponding similar 20

regulation or ruling). 21

(7) KNOWINGLY.—The term ‘‘knowingly’’, with 22

respect to conduct, a circumstance, or a result, 23

means that a person has actual knowledge, or should 24

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have known, of the conduct, the circumstance, or the 1

result. 2

(8) NATIONAL.—The term ‘‘national’’ has the 3

meaning given that term in section 101(a) of the 4

Immigration and Nationality Act (8 U.S.C. 5

1101(a)). 6

(9) PERSON.—The term ‘‘person’’ means— 7

(A) an individual; 8

(B) a corporation, business association, 9

partnership, society, trust, any other non-10

governmental entity, organization, or group, or 11

any governmental entity operating as a business 12

enterprise; or 13

(C) any successor to any entity described 14

in subparagraph (B). 15

(10) RUSSIAN PERSON.—The term ‘‘Russian 16

person’’ means— 17

(A) an individual who is a citizen or na-18

tional of the Russian Federation; or 19

(B) an entity organized under the laws of 20

the Russian Federation. 21

(11) SPECIAL RUSSIAN CRUDE OIL PROJECT.— 22

The term ‘‘special Russian crude oil project’’ means 23

a project intended to extract crude oil from— 24

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(A) the exclusive economic zone of the 1

Russian Federation in waters more than 500 2

feet deep; 3

(B) Russian Arctic offshore locations; or 4

(C) shale formations located in the Rus-5

sian Federation. 6

(12) UNITED STATES PERSON.—The term 7

‘‘United States person’’ means— 8

(A) a United States citizen or an alien law-9

fully admitted for permanent residence to the 10

United States; or 11

(B) an entity organized under the laws of 12

the United States or of any jurisdiction within 13

the United States, including a foreign branch of 14

such an entity. 15

SEC. 3. STATEMENT OF POLICY REGARDING UKRAINE. 16

It is the policy of the United States to further assist 17

the Government of Ukraine in restoring its sovereignty 18

and territorial integrity to deter the Government of the 19

Russian Federation from further destabilizing and invad-20

ing Ukraine and other independent countries in Eastern 21

Europe and Central Asia. That policy shall be carried into 22

effect, among other things, through a comprehensive ef-23

fort, in coordination with allies and partners of the United 24

States where appropriate, that includes economic sanc-25

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tions, diplomacy, assistance for the people of Ukraine, and 1

the provision of military capabilities to the Government 2

of Ukraine that will enhance the ability of that Govern-3

ment to defend itself and to restore its sovereignty and 4

territorial integrity in the face of unlawful actions by the 5

Government of the Russian Federation. 6

SEC. 4. SANCTIONS RELATING TO THE DEFENSE AND EN-7

ERGY SECTORS OF THE RUSSIAN FEDERA-8

TION. 9

(a) SANCTIONS RELATING TO THE DEFENSE SEC-10

TOR.— 11

(1) ROSOBORONEXPORT.—Except as provided 12

in subsection (d), not later than 30 days after the 13

date of the enactment of this Act, the President 14

shall impose 3 or more of the sanctions described in 15

subsection (c) with respect to Rosoboronexport. 16

(2) RUSSIAN PRODUCERS, TRANSFERORS, OR 17

BROKERS OF DEFENSE ARTICLES.—Except as pro-18

vided in subsection (d), not later than 45 days after 19

the date of the enactment of this Act, the President 20

shall impose 3 or more of the sanctions described in 21

subsection (c) with respect to a person the President 22

determines— 23

(A) is an entity— 24

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(i) owned by the Government of the 1

Russian Federation or controlled by na-2

tionals of the Russian Federation; and 3

(ii) that— 4

(I) manufactures or sells defense 5

articles transferred into Syria or into 6

the territory of a specified country 7

without the consent of the inter-8

nationally recognized government of 9

that country; 10

(II) transfers defense articles 11

into Syria or into the territory of a 12

specified country without the consent 13

of the internationally recognized gov-14

ernment of that country; or 15

(III) brokers or otherwise assists 16

in the transfer of defense articles into 17

Syria or into the territory of a speci-18

fied country without the consent of 19

the internationally recognized govern-20

ment of that country; or 21

(B) knowingly, on or after the date of the 22

enactment of this Act, assists, sponsors, or pro-23

vides financial, material, or technological sup-24

port for, or goods or services to or in support 25

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of, an entity described in subparagraph (A) 1

with respect to an activity described in clause 2

(ii) of that subparagraph. 3

(3) SPECIFIED COUNTRY DEFINED.— 4

(A) IN GENERAL.—In this subsection, the 5

term ‘‘specified country’’ means— 6

(i) Ukraine, Georgia, and Moldova; 7

and 8

(ii) any other country designated by 9

the President as a country of significant 10

concern for purposes of this subsection, 11

such as Poland, Lithuania, Latvia, Esto-12

nia, and the Central Asia republics. 13

(B) NOTICE TO CONGRESS.—The Presi-14

dent shall notify the appropriate congressional 15

committees in writing not later than 15 days 16

before— 17

(i) designating a country as a country 18

of significant concern under subparagraph 19

(A)(ii); or 20

(ii) terminating a designation under 21

that subparagraph, including the termi-22

nation of any such designation pursuant to 23

subsection (g) subsection (h). 24

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(b) SANCTIONS RELATED TO THE ENERGY SEC-1

TOR.— 2

(1) DEVELOPMENT OF SPECIAL RUSSIAN 3

CRUDE OIL PROJECTS.—Except as provided in sub-4

section (d), not later than 45 days after the date of 5

the enactment of this Act, the President shall im-6

pose 3 or more of the sanctions described in sub-7

section (c) with respect to a person if the President 8

determines that the person knowingly makes a sig-9

nificant investment in a special Russian crude oil 10

project. 11

(2) AUTHORIZATION FOR EXTENSION OF LI-12

CENSING LIMITATIONS ON CERTAIN EQUIPMENT.— 13

The President, through the Bureau of Industry and 14

Security of the Department of Commerce or the Of-15

fice of Foreign Assets Control of the Department of 16

the Treasury, as appropriate, may impose additional 17

licensing requirements for or other restrictions on 18

the export or reexport of items for use in the energy 19

sector of the Russian Federation, including equip-20

ment used for tertiary oil recovery. 21

(3) CONTINGENT SANCTION RELATING TO 22

GAZPROM.—If the President determines that 23

Gazprom is withholding significant natural gas sup-24

plies from member countries of the North Atlantic 25

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Treaty Organization, or further withholds significant 1

natural gas supplies from countries such as Ukraine, 2

Georgia, or Moldova, the President shall, not later 3

than 45 days after making that determination, im-4

pose the sanction described in subsection (c)(7) and 5

at least one additional sanction described in sub-6

section (c) with respect to Gazprom. 7

(c) SANCTIONS DESCRIBED.—The sanctions the 8

President may impose with respect to a foreign person 9

under subsection (a) or (b) are the following: 10

(1) EXPORT-IMPORT BANK ASSISTANCE.—The 11

President may direct the Export-Import Bank of the 12

United States not to approve the issuance of any 13

guarantee, insurance, extension of credit, or partici-14

pation in the extension of credit in connection with 15

the export of any goods or services to the foreign 16

person. 17

(2) PROCUREMENT SANCTION.—The President 18

may prohibit the head of any executive agency (as 19

defined in section 133 of title 41, United States 20

Code) from entering into any contract for the pro-21

curement of any goods or services from the foreign 22

person. 23

(3) ARMS EXPORT PROHIBITION.—The Presi-24

dent may prohibit the exportation or provision by 25

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sale, lease or loan, grant, or other means, directly or 1

indirectly, of any defense article or defense service to 2

the foreign person and the issuance of any license or 3

other approval to the foreign person under section 4

38 of the Arms Export Control Act (22 U.S.C. 5

2778). 6

(4) DUAL-USE EXPORT PROHIBITION.—The 7

President may prohibit the issuance of any license 8

and suspend any license for the transfer to the for-9

eign person of any item the export of which is con-10

trolled under the Export Administration Act of 1979 11

(50 U.S.C. App. 2401 et seq.) (as in effect pursuant 12

to the International Emergency Economic Powers 13

Act (50 U.S.C. 1701 et seq.)) or the Export Admin-14

istration Regulations under subchapter C of chapter 15

VII of title 15, Code of Federal Regulations. 16

(5) PROPERTY TRANSACTIONS.—The President 17

may, pursuant to such regulations as the President 18

may prescribe, prohibit any person from— 19

(A) acquiring, holding, withholding, using, 20

transferring, withdrawing, transporting, or ex-21

porting any property that is subject to the ju-22

risdiction of the United States and with respect 23

to which the foreign person has any interest; 24

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(B) dealing in or exercising any right, 1

power, or privilege with respect to such prop-2

erty; or 3

(C) conducting any transaction involving 4

such property. 5

(6) BANKING TRANSACTIONS.—The President 6

may, pursuant to such regulations as the President 7

may prescribe, prohibit any transfers of credit or 8

payments between financial institutions or by, 9

through, or to any financial institution, to the extent 10

that such transfers or payments are subject to the 11

jurisdiction of the United States and involve any in-12

terest of the foreign person. 13

(7) PROHIBITION ON INVESTMENT IN EQUITY 14

OR DEBT OF SANCTIONED PERSON.—The President 15

may, pursuant to such regulations as the President 16

may prescribe, prohibit any United States person 17

from investing in or purchasing significant amounts 18

of equity or debt instruments of the foreign person. 19

(8) EXCLUSION FROM THE UNITED STATES 20

AND REVOCATION OF VISA OR OTHER DOCUMENTA-21

TION.—In the case of a foreign person who is an in-22

dividual, the President may direct the Secretary of 23

State to deny a visa to, and the Secretary of Home-24

land Security to exclude from the United States, the 25

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foreign person, subject to regulatory exceptions to 1

permit the United States to comply with the Agree-2

ment regarding the Headquarters of the United Na-3

tions, signed at Lake Success June 26, 1947, and 4

entered into force November 21, 1947, between the 5

United Nations and the United States, or other ap-6

plicable international obligations. 7

(9) SANCTIONS ON PRINCIPAL EXECUTIVE OF-8

FICERS.—In the case of a foreign person that is an 9

entity, the President may impose on the principal 10

executive officer or officers of the foreign person, or 11

on individuals performing similar functions and with 12

similar authorities as such officer or officers, any of 13

the sanctions described in this subsection applicable 14

to individuals. 15

(d) EXCEPTIONS.— 16

(1) IMPORTATION OF GOODS.— 17

(A) IN GENERAL.—The authority to block 18

and prohibit all transactions in all property and 19

interests in property under subsection (c)(5) 20

shall not include the authority to impose sanc-21

tions on the importation of goods. 22

(B) GOOD DEFINED.—In this paragraph, 23

the term ‘‘good’’ has the meaning given that 24

term in section 16 of the Export Administration 25

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Act of 1979 (50 U.S.C. App. 2415) (as contin-1

ued in effect pursuant to the International 2

Emergency Economic Powers Act (50 U.S.C. 3

1701 et seq.)). 4

(2) ADDITIONAL EXCEPTIONS.—The President 5

shall not be required to apply or maintain the sanc-6

tions under subsection (a) or (b)— 7

(A) in the case of procurement of defense 8

articles or defense services— 9

(i) under existing contracts or sub-10

contracts, including the exercise of options 11

for production quantities to satisfy require-12

ments essential to the national security of 13

the United States; 14

(ii) if the President determines in 15

writing that— 16

(I) the person to which the sanc-17

tions would otherwise be applied is a 18

sole source supplier of the defense ar-19

ticles or services; 20

(II) the defense articles or serv-21

ices are essential; 22

(III) alternative sources are not 23

readily or reasonably available; and 24

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(IV) the national interests of the 1

United States would be adversely af-2

fected by the application or mainte-3

nance of such sanctions; or 4

(iii) if the President determines in 5

writing that— 6

(I) such articles or services are 7

essential to the national security 8

under defense coproduction agree-9

ments; and 10

(II) the national interests of the 11

United States would be adversely af-12

fected by the application or mainte-13

nance of such sanctions; 14

(B) in the case of procurement, to eligible 15

products, as defined in section 308(4) of the 16

Trade Agreements Act of 1979 (19 U.S.C. 17

2518(4)), of any foreign country or instrumen-18

tality designated under section 301(b)(1) of 19

that Act (19 U.S.C. 2511(b)(1)); 20

(C) to products, technology, or services 21

provided under contracts entered into before the 22

date on which the President publishes in the 23

Federal Register the name of the person with 24

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respect to which the sanctions are to be im-1

posed; 2

(D) to— 3

(i) spare parts that are essential to 4

United States products or production; 5

(ii) component parts, but not finished 6

products, essential to United States prod-7

ucts or production; or 8

(iii) routine servicing and mainte-9

nance of United States products, to the ex-10

tent that alternative sources are not read-11

ily or reasonably available; 12

(E) to information and technology essential 13

to United States products or production; or 14

(F) to food, medicine, medical devices, or 15

agricultural commodities (as those terms are 16

defined in section 101 of the Comprehensive 17

Iran Sanctions, Accountability, and Divestment 18

Act of 2010 (22 U.S.C. 8511)). 19

(e) NATIONAL SECURITY WAIVER.— 20

(1) IN GENERAL.—The President may waive 21

the application of sanctions under subsection (a) or 22

(b) with respect to a person if the President— 23

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(A) determines that the waiver is in the 1

national security interest of the United States; 2

and 3

(B) submits to the appropriate congres-4

sional committees a report on the determination 5

and the reasons for the determination. 6

(2) FORM OF REPORT.—The report required by 7

paragraph (1)(B) shall be submitted in unclassified 8

form, but may include a classified annex. 9

(f) TRANSACTION-SPECIFIC NATIONAL SECURITY 10

WAIVER.— 11

(1) IN GENERAL.—The President may waive 12

the application of sanctions under subsection (a) or 13

(b) with respect to a specific transaction if the 14

President— 15

(A) determines that the transaction is in 16

the national security interest of the United 17

States; and 18

(B) submits to the appropriate congres-19

sional committees a detailed report on the de-20

termination and the specific reasons for the de-21

termination that a waiver with respect to the 22

transaction is necessary and appropriate. 23

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(2) FORM OF REPORT.—The report required by 1

paragraph (1)(B) shall be submitted in unclassified 2

form, but may include a classified annex. 3

(g) PENALTIES.—The penalties provided for in sub-4

sections (b) and (c) of section 206 of the International 5

Emergency Economic Powers Act (50 U.S.C. 1705) shall 6

apply to a person that violates, attempts to violate, or con-7

spires to violate, or causes a violation of, subsection (a) 8

or (b) of this section, or an order or regulation prescribed 9

under either such subsection, to the same extent that such 10

penalties apply to a person that commits an unlawful act 11

described in section 206(a) of the International Emer-12

gency Economic Powers Act. 13

(h) TERMINATION.—This section, and sanctions im-14

posed under this section, shall terminate on the date on 15

which the President submits to the appropriate congres-16

sional committees a certification that the Government of 17

the Russian Federation has ceased ordering, controlling, 18

or otherwise directing, supporting, or financing, signifi-19

cant acts intended to undermine the peace, security, sta-20

bility, sovereignty, or territorial integrity of Ukraine, 21

Georgia, and Moldova. 22

(h) TERMINATION.—This section, and sanctions im-23

posed under this section, shall terminate on the date on 24

which the President submits to the appropriate congres-25

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sional committees a certification that the Government of the 1

Russian Federation has ceased ordering, controlling, or oth-2

erwise directing, supporting, or financing, significant acts 3

intended to undermine the peace, security, stability, sov-4

ereignty, or territorial integrity of Ukraine, Georgia, and 5

Moldova, including through an agreement between the ap-6

propriate parties. 7

SEC. 5. SANCTIONS ON RUSSIAN AND OTHER FOREIGN FI-8

NANCIAL INSTITUTIONS. 9

(a) FACILITATION OF CERTAIN DEFENSE- AND EN-10

ERGY-RELATED TRANSACTIONS.—The President may im-11

pose the sanction described in subsection (c) with respect 12

to a foreign financial institution that the President deter-13

mines engages, on or after the date of the enactment of 14

this Act, in significant transactions involving— 15

(1) persons with respect to which sanctions are 16

imposed under section 4; and 17

(2) activities described in subsection (a) or (b) 18

of that section. 19

(b) FACILITATION OF FINANCIAL TRANSACTIONS ON 20

BEHALF OF SPECIALLY DESIGNATED NATIONALS.—The 21

President may impose the sanction described in subsection 22

(c) with respect to a foreign financial institution if the 23

President determines that the foreign financial institution 24

has, on or after the date that is 180 days after the date 25

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of the enactment of this Act, knowingly facilitated a sig-1

nificant financial transaction on behalf of any Russian 2

person included on the list of specially designated nation-3

als and blocked persons maintained by the Office of For-4

eign Assets Control of the Department of the Treasury, 5

pursuant to— 6

(1) this Act; 7

(2) Executive Order 13660 (79 Fed. Reg. 8

13,493), 13661 (79 Fed. Reg. 15,535), or 13662 9

(79 Fed. Reg. 16,169); or 10

(3) any other executive order addressing the 11

crisis in Ukraine. 12

(c) SANCTION DESCRIBED.—The sanction described 13

in this subsection is, with respect to a foreign financial 14

institution, a prohibition on the opening, and a prohibition 15

or the imposition of strict conditions on the maintaining, 16

in the United States of a correspondent account or a pay-17

able-through account by the foreign financial institution. 18

(d) NATIONAL SECURITY WAIVER.—The President 19

may waive the application of sanctions under this section 20

with respect to a foreign financial institution if the Presi-21

dent— 22

(1) determines that the waiver is in the national 23

security interest of the United States; and 24

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(2) submits to the appropriate congressional 1

committees a report on the determination and the 2

reasons for the determination. 3

(e) TERMINATION.—This section, and sanctions im-4

posed under this section, shall terminate on the date on 5

which the President submits to the appropriate congres-6

sional committees the certification described in section 7

4(h). 8

SEC. 6. CODIFICATION OF EXECUTIVE ORDERS ADDRESS-9

ING THE CRISIS IN UKRAINE. 10

(a) IN GENERAL.—United StatesUnited States sanc-11

tions with respect to the Russian Federation provided for 12

in Executive Orders 13660 (79 Fed. Reg. 13,493), 13661 13

(79 Fed. Reg. 15,535), and 13662 (79 Fed. Reg. 16,169), 14

as in effect on the day before the date of the enactment 15

of this Act, shall remain in effect until the date on which 16

the President submits to the appropriate congressional 17

committees the certification described in section 4(h). 18

(b) EXCEPTIONS AND WAIVERS.—Sanctions referred to 19

in subsection (a) shall, as appropriate, be subject to the ex-20

ceptions and waivers provided for in subsections (d), (e), 21

and (f) of section 4. 22

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SEC. 7. MAJOR NON-NATO ALLY STATUS FOR UKRAINE, 1

GEORGIA, AND MOLDOVA. 2

Section 517 of the Foreign Assistance Act of 1961 3

(22 U.S.C. 2321k) is amended by adding at the end the 4

following: 5

‘‘(c) ADDITIONAL DESIGNATIONS.— 6

‘‘(1) IN GENERAL.—Effective on the date of the 7

enactment of the Ukraine Freedom Support Act of 8

2014, Ukraine, Georgia, and Moldova are each des-9

ignated as a major non-NATO ally for purposes of 10

this Act and the Arms Export Control Act (22 11

U.S.C. 2751 et seq.). 12

‘‘(2) NOTICE OF TERMINATION OF DESIGNA-13

TION.—The President shall notify Congress in ac-14

cordance with subsection (a)(2) before terminating 15

the designation of a country specified in paragraph 16

(1).’’. 17

SEC. 8. INCREASED MILITARY ASSISTANCE FOR THE GOV-18

ERNMENT OF UKRAINE. 19

(a) IN GENERAL.—The President is authorized to 20

provide defense articles, defense services, and training to 21

the Government of Ukraine for the purpose of countering 22

offensive weapons and reestablishing the sovereignty and 23

territorial integrity of Ukraine, including anti-tank and 24

anti-armor weapons, crew weapons and ammunition, 25

counter-artillery radars to identify and target artillery bat-26

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teries, fire control, range finder, and optical and guidance 1

and control equipment, tactical troop-operated surveillance 2

drones, and secure command and communications equip-3

ment, pursuant to the provisions of the Arms Export Con-4

trol Act (22 U.S.C. 2751 et seq.), the Foreign Assistance 5

Act of 1961 (22 U.S.C. 2151 et seq.), and other relevant 6

provisions of law. 7

(b) REPORT REQUIRED.—Not later than 60 days 8

after the date of the enactment of this Act, the President 9

shall submit a report detailing the anticipated defense ar-10

ticles, defense services, and training to be provided pursu-11

ant to this section and a timeline for the provision of such 12

defense articles, defense services, and training, to— 13

(1) the Committee on Foreign Relations, the 14

Committee on Appropriations, and the Committee on 15

Armed Services of the Senate; and 16

(2) the Committee on Foreign Affairs, the 17

Committee on Appropriations, and the Committee on 18

Armed Services of the House of Representatives. 19

(c) AUTHORIZATION OF APPROPRIATIONS.— 20

(1) IN GENERAL.—There are authorized to be 21

appropriated to the Secretary of State $350,000,000 22

for fiscal year 2015 to carry out activities under this 23

section. 24

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(2) AVAILABILITY OF AMOUNTS.—Amounts au-1

thorized to be appropriated pursuant to paragraph 2

(1) shall remain available for obligation and expendi-3

ture through the end of fiscal year 2017. 4

(d) AUTHORITY FOR THE USE OF FUNDS.—The 5

funds made available pursuant to subsection (c) for provi-6

sion of defense articles, defense services, and training may 7

be used to procure such articles, services, and training 8

from the United States Government or other appropriate 9

sources. 10

SEC. 9. EXPANDED NONMILITARY ASSISTANCE FOR 11

UKRAINE. 12

(a) ASSISTANCE TO INTERNALLY DISPLACED PEO-13

PLE IN UKRAINE.— 14

(1) IN GENERAL.—Not later than 30 days after 15

the date of the enactment of this Act, the Secretary 16

of State shall submit a plan, including actions by the 17

United States Government, other governments, and 18

international organizations, to meet the need for 19

protection of and assistance for internally displaced 20

persons in Ukraine, to— 21

(A) the Committee on Foreign Relations, 22

the Committee on Appropriations, and the 23

Committee on Energy and Natural Resources of 24

the Senate; and 25

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(B) the Committee on Foreign Affairs, the 1

Committee on Appropriations, and the Com-2

mittee on Energy and Commerce of the House 3

of Representatives. 4

(2) ELEMENTS.—The plan required by para-5

graph (1) should include, as appropriate, activities 6

in support of— 7

(A) helping to establish a functional and 8

adequately resourced central registration system 9

in Ukraine that can ensure coordination of ef-10

forts to provide assistance to internally dis-11

placed persons in different regions; 12

(B) encouraging adoption of legislation in 13

Ukraine that protects internally displaced per-14

sons from discrimination based on their status 15

and provides simplified procedures for obtaining 16

the new residency registration or other official 17

documentation that is a prerequisite to receiv-18

ing appropriate social payments under the laws 19

of Ukraine, such as pensions, and disability, 20

child, and unemployment benefits; and 21

(C) helping to ensure that information is 22

available to internally displaced persons 23

about— 24

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(i) government agencies and inde-1

pendent groups that can provide assistance 2

to such persons in various regions; and 3

(ii) evacuation assistance available to 4

persons seeking to flee armed conflict 5

areas. 6

(3) ASSISTANCE THROUGH INTERNATIONAL OR-7

GANIZATIONS.—The President shall instruct the 8

United States permanent representative or executive 9

director, as the case may be, to the relevant United 10

Nations voluntary agencies, including the United 11

Nations High Commissioner for Refugees and the 12

United Nations Office for the Coordination of Hu-13

manitarian Affairs, and other appropriate inter-14

national organizations, to use the voice and vote of 15

the United States to support appropriate assistance 16

for internally displaced persons in Ukraine. 17

(b) ASSISTANCE TO THE DEFENSE SECTOR OF 18

UKRAINE.—The Secretary of State and the Secretary of 19

Defense should assist entities in the defense sector of 20

Ukraine to reorient exports away from customers in the 21

Russian Federation and to find appropriate alternative 22

markets for those entities in the defense sector of Ukraine 23

that have already significantly reduced exports to and co-24

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operation with entities in the defense sector of the Russian 1

Federation. 2

(c) ASSISTANCE TO ADDRESS THE ENERGY CRISIS 3

IN UKRAINE.— 4

(1) EMERGENCY ENERGY ASSISTANCE.— 5

(A) PLAN REQUIRED.—The Secretary of 6

State and the Secretary of Energy, in collabora-7

tion with the Administrator of the United 8

States Agency for International Development 9

and the Administrator of the Federal Emer-10

gency Management Agency, shall work with of-11

ficials of the Government of Ukraine to develop 12

a short-term emergency energy assistance plan 13

designed to help Ukraine address the poten-14

tially severe short-term, heating fuel and elec-15

tricity shortages facing Ukraine in 2014 and 16

2015. 17

(B) ELEMENTS.—The plan required by 18

subparagraph (A) should include strategies to 19

address heating fuel and electricity shortages in 20

Ukraine, including, as appropriate— 21

(i) the acquisition of short-term, 22

emergency fuel supplies; 23

(ii) the repair or replacement of infra-24

structure that could impede the trans-25

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mission of electricity or transportation of 1

fuel; 2

(iii) the prioritization of the transpor-3

tation of fuel supplies to the areas where 4

such supplies are needed most; 5

(iv) streamlining emergency commu-6

nications throughout national, regional, 7

and local governments to manage the po-8

tential energy crisis resulting from heating 9

fuel and electricity shortages; 10

(v) forming a crisis management team 11

within the Government of Ukraine to spe-12

cifically address the potential crisis, includ-13

ing ensuring coordination of the team’s ef-14

forts with the efforts of outside govern-15

mental and nongovernmental entities pro-16

viding assistance to address the potential 17

crisis; and 18

(vi) developing a public outreach 19

strategy to facilitate preparation by the 20

population and communication with the 21

population in the event of a crisis. 22

(C) ASSISTANCE.—The Secretary of State, 23

the Secretary of Energy, and the Administrator 24

of the United States Agency for International 25

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Development are authorized to provide assist-1

ance in support of, and to invest in short-term 2

solutions for, enabling Ukraine to secure the 3

energy safety of the people of Ukraine during 4

2014 and 2015, including through— 5

(i) procurement and transport of 6

emergency fuel supplies, including reverse 7

pipeline flows from Europe; 8

(ii) provision of technical assistance 9

for crisis planning, crisis response, and 10

public outreach; 11

(iii) repair of infrastructure to enable 12

the transport of fuel supplies; 13

(iv) repair of power generating or 14

power transmission equipment or facilities; 15

(v) procurement and installation of 16

compressors or other appropriate equip-17

ment to enhance short-term natural gas 18

production; 19

(vi) procurement of mobile electricity 20

generation units; and 21

(vii) conversion of natural gas heating 22

facilities to run on other fuels, including 23

alternative energy sources.; and 24

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(viii) provision of emergency weather-1

ization and winterization materials and 2

supplies. 3

(D) AUTHORIZATION OF APPROPRIA-4

TIONS.—There are authorized to be appro-5

priated to the Secretary of State, the Secretary 6

of Energy, and the Administrator of the United 7

States Agency for International Development 8

$50,000,000 in the aggregate for fiscal year 9

2015 to carry out activities under this para-10

graph. 11

(2) REDUCTION OF UKRAINE’S RELIANCE ON 12

ENERGY IMPORTS.— 13

(A) PLANS REQUIRED.—The Secretary of 14

State, in collaboration with the Secretary of 15

Energy and the Administrator of the United 16

States Agency for International Development, 17

shall work with officials of the Government of 18

Ukraine to develop medium- and long-term 19

plans to increase energy production and effi-20

ciency to increase energy security by helping 21

Ukraine reduce its dependence on natural gas 22

imported from the Russian Federation. 23

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(B) ELEMENTS.—The medium- and long- 1

term plans required by subparagraph (A) 2

should include strategies, as appropriate, to— 3

(i) improve corporate governance and 4

unbundling of state-owned oil and gas sec-5

tor firms; 6

(ii) increase production from natural 7

gas fields and from other sources, includ-8

ing renewable energy; 9

(iii) license new oil and gas blocks 10

transparently and competitively; 11

(iv) modernize oil and gas upstream 12

infrastructure; and 13

(v) improve energy efficiency. 14

(C) PRIORITIZATION.—The Secretary of 15

State, the Administrator of the United States 16

Agency for International Development, and the 17

Secretary of Energy should, during fiscal years 18

2015 through 2017, work with other donors, in-19

cluding multilateral agencies and nongovern-20

mental organizations, to prioritize, to the extent 21

practicable and as appropriate, the provision of 22

assistance from such donors to help Ukraine to 23

improve energy efficiency, increase energy sup-24

plies produced in Ukraine, and reduce reliance 25

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on energy imports from the Russian Federa-1

tion, including natural gas. 2

(D) AUTHORIZATION OF APPROPRIA-3

TIONS.—There are authorized to be appro-4

priated $50,000,000 in the aggregate for fiscal 5

years 2015 through 2017 to carry out activities 6

under this paragraph. 7

(3) SUPPORT FROM THE OVERSEAS PRIVATE 8

INVESTMENT CORPORATION.—The Overseas Private 9

Investment Corporation shall— 10

(A) prioritize, to the extent practicable, 11

support for investments to help increase energy 12

efficiency, develop domestic oil and natural gas 13

reserves, improve and repair electricity infra-14

structure, and develop renewable and other 15

sources of energy in Ukraine; and 16

(B) implement procedures for expedited re-17

view and, as appropriate, approval, of applica-18

tions by eligible investors (as defined in section 19

238 of the Foreign Assistance Act of 1961 (22 20

U.S.C. 2198)) for loans, loan guarantees, and 21

insurance for such investments. 22

(4) SUPPORT BY THE WORLD BANK GROUP AND 23

THE EUROPEAN BANK FOR RECONSTRUCTION AND 24

DEVELOPMENT.—The President shall, to the extent 25

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practicable and as appropriate, direct the United 1

States Executive Directors of the World Bank 2

Group and the European Bank for Reconstruction 3

and Development to use the voice, vote, and influ-4

ence of the United States to encourage the World 5

Bank Group and the European Bank for Recon-6

struction and Development and other international 7

financial institutions— 8

(A) to invest in, and increase their efforts 9

to promote investment in, projects to improve 10

energy efficiency, improve and repair electricity 11

infrastructure, develop domestic oil and natural 12

gas reserves, and develop renewable and other 13

sources of energy in Ukraine; and 14

(B) to stimulate private investment in such 15

projects. 16

(d) ASSISTANCE TO CIVIL SOCIETY IN UKRAINE.— 17

(1) IN GENERAL.—The Secretary of State and 18

the Administrator of the United States Agency for 19

International Development shall, directly or through 20

nongovernmental or international organizations orga-21

nizations, such as the Organization for Security and 22

Co-operation in Europe, the National Endowment for 23

Democracy, and related organizations— 24

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(A) strengthen the organizational and 1

operational capacity of democratic civil society 2

in Ukraine; 3

(B) support the efforts of independent 4

media outlets to broadcast, distribute, and 5

share information in all regions of Ukraine; 6

(C) counter corruption and improve trans-7

parency and accountability of institutions that 8

are part of the Government of Ukraine; and 9

(D) provide support for democratic orga-10

nizing and election monitoring in Ukraine. 11

(2) STRATEGY REQUIRED.—Not later than 60 12

days after the date of the enactment of this Act, the 13

President shall submit a strategy to carry out the 14

activities described in paragraph (1) to the commit-15

tees specified in subsection (a)(1). to— 16

(A) the Committee on Foreign Relations 17

and the Committee on Appropriations of the 18

Senate; and 19

(B) the Committee on Foreign Affairs and 20

the Committee on Appropriations of the House of 21

Representatives. 22

(3) AUTHORIZATION OF APPROPRIATIONS.— 23

There are authorized to be appropriated to the Sec-24

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retary of State $20,000,000 for fiscal year 2015 to 1

carry out this subsection. 2

(4) TRANSPARENCY REQUIREMENTS.—Any as-3

sistance provided pursuant to this subsection shall be 4

conducted in as transparent of a manner as possible, 5

consistent with the nature and goals of this sub-6

section. The President shall provide a briefing on the 7

activities funded by this subsection at the request of 8

the committees specified in paragraph (2). 9

SEC. 10. EXPANDED BROADCASTING IN COUNTRIES OF THE 10

FORMER SOVIET UNION. 11

(a) IN GENERAL.—Not later than 90 days after the 12

date of the enactment of this Act, the Chairman of the 13

Broadcasting Board of Governors shall submit to Con-14

gress a plan, including a cost estimate, for immediately 15

and substantially increasing, and maintaining through fis-16

cal year 2017, the quantity of Russian-language broad-17

casting into the countries of the former Soviet Union fund-18

ed by the United States in order to counter Russian Fed-19

eration propaganda. 20

(b) PRIORITIZATION OF BROADCASTING INTO 21

UKRAINE, GEORGIA, AND MOLDOVA.—The plan required 22

by subsection (a) shall prioritize broadcasting into 23

Ukraine, Georgia, and Moldova by the Voice of America 24

and Radio Free Europe/Radio Liberty. 25

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(c) ADDITIONAL PRIORITIES.—In developing the plan 1

required by subsection (a), the Chairman shall consider— 2

(1) near-term increases in Russian-language 3

broadcasting for countries of the former Soviet 4

Union (other than the countries specified in sub-5

section (b)), including Latvia, Lithuania, and Esto-6

nia; and 7

(2) increases in broadcasting in other critical 8

languages, including Ukrainian and Romanian lan-9

guages. 10

(d) BROADCASTING DEFINED.—In this section, the 11

term ‘‘broadcasting’’ means the distribution of media con-12

tent via radio broadcasting, television broadcasting, and 13

Internet-based platforms, among other platforms. 14

(e) AUTHORIZATION OF APPROPRIATIONS.— 15

(1) IN GENERAL.—There are authorized to be 16

appropriated to the Broadcasting Board of Governors 17

$10,000,000 for each of fiscal years 2015 through 18

2017 to carry out activities under this section. 19

(2) SUPPLEMENT NOT SUPPLANT.—Amounts 20

authorized to be appropriated pursuant to paragraph 21

(1) shall supplement and not supplant other 22

amounts made available for activities described in 23

this section. 24

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SEC. 11. SUPPORT FOR RUSSIAN DEMOCRACY AND CIVIL 1

SOCIETY ORGANIZATIONS. 2

(a) IN GENERAL.—The Secretary of State shall, di-3

rectly or through nongovernmental or international organi-4

zations, such as the Organization for Security and Co-oper-5

ation in Europe, the National Endowment for Democracy, 6

and related organizations— 7

(1) improve democratic governance, trans-8

parency, accountability, rule of law, and anti-corrup-9

tion efforts in the Russian Federation; 10

(2) strengthen democratic institutions and polit-11

ical and civil society organizations in the Russian 12

Federation; 13

(3) expand uncensored Internet access in the 14

Russian Federation; and 15

(4) expand free and unfettered access to inde-16

pendent media of all kinds in the Russian Federation, 17

including through increasing United States Govern-18

ment-supported broadcasting activities, and assist 19

with the protection of journalists and civil society ac-20

tivists who have been targeted for free speech activi-21

ties. 22

(b) AUTHORIZATION OF APPROPRIATIONS.—There are 23

authorized to be appropriated to the Secretary of State 24

$20,000,000 for each of fiscal years 2015 through 2017 to 25

carry out the activities set forth in subsection (a). 26

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(c) STRATEGY REQUIREMENT.—Not later than 60 days 1

after the date of the enactment of this Act, the President 2

shall submit a strategy to carry out the activities set forth 3

in subsection (a) to— 4

(1) the Committee on Foreign Relations and the 5

Committee on Appropriations of the Senate; and 6

(2) the Committee on Foreign Affairs and the 7

Committee on Appropriations of the House of Rep-8

resentatives. 9

(d) TRANSPARENCY REQUIREMENTS.—Any assistance 10

provided pursuant to this section shall be conducted in as 11

transparent of a manner as possible, consistent with the na-12

ture and goals of this section. The President shall provide 13

a briefing on the activities funded by this section at the 14

request of the committees specified in subsection (c). 15

SEC. 12. REPORT ON NON-COMPLIANCE BY THE RUSSIAN 16

FEDERATION OF ITS OBLIGATIONS UNDER 17

THE INF TREATY. 18

(a) FINDINGS.—Congress makes the following findings: 19

(1) The Russian Federation is in violation of its 20

obligations under the Treaty between the United 21

States of America and the Union of Soviet Socialist 22

Republics on the Elimination of Their Intermediate- 23

Range and Shorter-Range Missiles, signed at Wash-24

ington December 8, 1987, and entered into force June 25

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1, 1988 (commonly referred to as the ‘‘Intermediate- 1

Range Nuclear Forces Treaty’’ or ‘‘INF Treaty’’). 2

(2) This behavior poses a threat to the United 3

States, its deployed forces, and its allies. 4

(b) SENSE OF CONGRESS.—It is the sense of Congress 5

that— 6

(1) the President should hold the Russian Fed-7

eration accountable for being in violation of its obli-8

gations under the INF Treaty; and 9

(2) the President should demand the Russian 10

Federation completely and verifiably eliminate the 11

military systems that constitute the violation of its 12

obligations under the INF Treaty. 13

(c) REPORT.— 14

(1) IN GENERAL.—Not later than 90 days after 15

the date of the enactment of this Act, and every 90 16

days thereafter, the President shall submit to the com-17

mittees specified in subsection (d) a report that in-18

cludes the following elements: 19

(A) A description of the status of the Presi-20

dent’s efforts, in cooperation with United States 21

allies, to hold the Russian Federation account-22

able for being in violation of its obligations 23

under the INF Treaty and obtain the complete 24

and verifiable elimination of its military systems 25

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•S 2828 RS

that constitute the violation of its obligations 1

under the INF Treaty. 2

(B) The President’s assessment as to wheth-3

er it remains in the national security interests 4

of the United States to remain a party to the 5

INF Treaty, and other related treaties and agree-6

ments, while the Russian Federation is in viola-7

tion of its obligations under the INF Treaty. 8

(C) Notification of any deployment by the 9

Russian Federation of a ground launched bal-10

listic or cruise missile system with a range of be-11

tween 500 and 5,500 kilometers. 12

(D) A plan developed by the Secretary of 13

State, in consultation with the Director of Na-14

tional Intelligence and the Defense Threat Re-15

duction Agency (DTRA), to verify that the Rus-16

sian Federation has fully and completely dis-17

mantled any ground launched cruise missiles or 18

ballistic missiles with a range of between 500 19

and 5,500 kilometers, including details on facili-20

ties that inspectors need access to, people inspec-21

tors need to talk with, how often inspectors need 22

the accesses for, and how much the verification 23

regime would cost. 24

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(2) FORM.—The report required under para-1

graph (1) shall be submitted in unclassified form but 2

may contain a classified annex. 3

(d) COMMITTEES SPECIFIED.—The committees speci-4

fied in this subsection are— 5

(1) the Committee on Foreign Relations, the 6

Committee on Armed Services, and the Select Com-7

mittee on Intelligence of the Senate; and 8

(2) the Committee on Foreign Affairs, the Com-9

mittee on Armed Services, and the Permanent Select 10

Committee on Intelligence of the House of Representa-11

tives. 12

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